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Case
Study 1
Permits and demonstrations
A group of National Socialist Party of America members decided
to hold a demonstration in a city with a large number of
Jewish residents, many of whom survived the Holocaust. The
party members wanted to display the swastika, a symbol of
Nazi beliefs that for many people represents the Holocaust
itself. The citizens of the city were not only deeply offended
by the Nazis’ beliefs but feared that violence would result
if the National Socialist Party members were allowed to
parade through their streets in uniform and distribute materials
“inciting and promoting hatred against Jews … .”
The city government passed several ordinances regulating public
demonstrations. These ordinances required the organizers
of any parade or assembly that involved more than 50 persons
to obtain insurance coverage. The ordinances also gave the
city council the authority to deny a permit for a demonstration
if that demonstration might result in disorder. The council
also banned demonstrations by members of groups wearing
military-style uniforms, as well as all demonstrations that
“incite violence, hatred, abuse, or hostility toward a person
or group of persons by reasons or reference to religious,
racial, ethnic, national, or religious affiliation.”
The
National Socialist Party of America then sued, declaring
the ordinances unconstitutionally interfered with their
rights to free speech.
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Is
this speech protected?
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If
not, what harm might occur as a result of the speech?
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What value or right is conflicting with free speech in this
case?
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